Liberals fear the Roberts rebound

Liberals who celebrated the Supreme Court’s decision on health care may be nursing an ugly hangover after the justices dive back into their work this fall, with a docket likely to be loaded with controversial cases.

And left-leaning courtwatchers are already worried about the jurist who brought them such relief last week: Chief Justice John Roberts.

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Some liberals contend that Roberts’s surprise crossover on the health care law has given him a free hand to craft and sign onto a slew of conservative opinions next year without suffering much of a public drubbing from Democrats and the press. With one major case, Roberts may have inoculated himself and the court against charges of partisanship.

The chief will have plenty of chances to make his mark in the next term. Already, the justices are planning to delve into the politically charged issue of affirmative action. They may well add hot-button disputes over same-sex marriage rights and voter ID laws. And the court could even take up the constitutionality of the landmark law Congress passed nearly half a century ago to guarantee African-Americans equal access to the polls: the Voting Rights Act.

The looming slate of cases could have far-reaching impact for the nation. Liberals and President Barack Obama’s administration have strong reason to expect at least some big disappointments, despite the jubilation they felt when Roberts joined with the court’ s liberal wing to uphold Obama’s health care law. Conservatives could be in line for a series of major wins.

“I wonder whether some of the liberals who are pouring effusive praise on the chief justice are going to feel the same way a year from now,” Duke University law professor Neil Siegel said.

Caroline Fredrickson of the American Constitution Society, a liberal lawyers’ group, said the upcoming term will provide far greater definition to the Roberts Court.

“A lot of us were considering this term to be an incredible blockbuster because of the scope of cases in front of the court,” Fredrickson said. “The next term is looking to be a close second, if not tied, in terms of its impact. … I’m not sure we now have very much — or have any — cause for optimism simply because the Affordable Care Act was upheld.”